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| Arbuthnot Leasing International Ltd v Havelet Leasing Ltd (No 2) ： ウィキペディア英語版 |
Arbuthnot Leasing International Ltd v Havelet Leasing Ltd (No 2)
''Arbuthnot Leasing International Ltd v Havelet Leasing Ltd (No 2)'' () BCC 636 is a leading UK insolvency law case, concerning a fraudulent transaction under the Insolvency Act 1986 section 423.
==Facts==
Arbuthnot sought a declaration that Havelet Leasing Ltd, whose plane and coach hire business had gone insolvent, had defrauded its creditors by transferring its business, assets and contracts to the related Havelet Leasing Finance Ltd. Arbuthnot had financed part of Havelet's business, and it owned some of the vehicles which were leased to Havelet. When Havelet fell into arrears, Arbuthnot obtained a judgment and appointed a receiver. They then found that Havelet had transferred its business, assets and benefits of all Havelet’s agreements to a third company (Havelet Leasing Finance Ltd). Havelet’s lessees were paying Havelet Leasing Finance, which in turn paid Havelet in quarterly arrears. This was contended to be a fraudulent scheme to elevate the owner of Havelet in priority after insolvency.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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